토지공개념에 대한 민법적 고찰- 입법사적 관점에서 의용민법과 독일민법의 소유권 조항 규정취지를 참조하며 -

As the public concept of land has been included in the presidential outline for constitutional amendment, this concept became an “hot issue.” The public concept of land is a principle proposing that the land shall be used in line with the public welfare and regulated properly by the state. Strengthening the public concept of land in the constitution is closely related to real estate control, and some criticize this concept, saying this is “an amendment for socialism system”, “a retrospective decision”, etc. Mixed reaction with the public concept of land is derived from the different perception of social·economical policies such as the features of land and speculation control. This concept explains that although land ownership is given to an individual, benefits or financial gains from the land should be shared by the greater public; therefore, the relationship of constitution and civil law, essential content of property right, and limits of law’s regulation with ownership are associated with this theme. This study speculated the civil law’s purpose of legislation to analyze the validity of negative perspections with the public concept of land. This study also reviewed the civil codes of Japan and Germany which have affected the Korean civil code, and analyzed the legislator’s content of ownership. As a result, it could be found that the ownership of land is not absolute, but a relative right restricted by the public law.